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Case TitleHEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00211
Date Filed2016-02-08
Date ClosedOpen
JudgeJudge Rosemary M. Collyer
PlaintiffHEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS
doing business as NATIONAL IMMIGRANT JUSTICE CENTER
Case DescriptionHeartland Alliance for Human Needs & Human Rights submitted a FOIA request to the Department of Homeland Security's Office of Civil Rights and Civil Liberties for records related to the statistical monitoring of the Secure Communities program, an immigration enforcement program administered by U.S. Immigration and Customs Enforcement from 2008-2014. After narrowing its request, the agency located 7,735 pages as responsive to the request. The agency released 2,833 pages entirely and withheld 4,902 pages entirely under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Heartland appealed that decision and the agency remanded the case back to CRCL for clarification of exemption claims. Heartland heard nothing further from the agency concerning that request. Heartland submitted a second FOIA request to ICE for records concerning ICE's monitoring of the Secure Communities program. The agency acknowledged the request, but after the agency failed to respond further, Heartland appealed the delay. After hearing nothing further concerning its appeal, Heartland filed suit on both requests.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
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Opinion/Order [40]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Department of Homeland Security has not yet shown that it conducted an adequate search for quarterly statistical reports compiled for its Secure Communities program or that quarterly reports are protected by Exemption 5 (privileges). The National Immigrant Justice Center requested information about the Secure Communities program and agreed to narrow its request to the quarterly statistical reports. The agency located 2,519 pages but ultimately withheld 2,448 records entirely because they were protected by the deliberative process privilege. Regardless of the number of records its search found, Collyer noted that DHS had failed to explain "how the search was conducted, and it provides no facts from which the Court could make a finding that its search was adequate. Although a search must have been conducted because documents were located and produced in part, there is insufficient information in the record for the Court to make the required finding that the search was reasonable. . ." As to the Exemption 5 claim, Collyer indicated that "DHS has failed to provide information sufficient to determine what potential agency decision was at issue. . .A mere recitation of the standard for protection under the deliberative process privilege is not sufficient. Rather, DHS must identify what prospective 'final policy' the documents predate." Collyer also rejected the agency's claim that the reports were protected because they were drafts. Collyer pointed out that "the fact that the documents are drafts and contain edits does not, alone, qualify them for protection under the deliberative process privilege: they must be part of an articulated decision-making process." NIJC argued that the reports could not be deliberative because they were compilations of publicly available information. Collyer agreed, observing that "to the extent the withheld statistical reports are part of the first step in DHS's plan to conduct statistical monitoring of Secure Communities and included any or all of the metrics DHS publicly indicated would be calculated, the Court finds the information contained in the reports is not deliberative. DHS publicly disclosed in great detail the metrics it would use to evaluate Secure Communities; therefore, any report containing completed metrics involved no individual decision-making or judgment."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
Opinion/Order [60]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Department of Homeland Security must disclose certain data elements from its Secure Communities database operated by U.S. Immigration and Customs Enforcement in response to FOIA requests from the Heartland Alliance for Human Needs & Human Rights. During its processing of NIJC's requests, the agency originally redacted location-identifying data. It later withdrew its exemption claim for the data and re-produced some documents that had been redacted. However, NIJC told Collyer that not all of the data had been disclosed. Finding that the agency had no further basis for withholding the data, she ordered the agency to disclose any remaining redacted data. NIJC also asked that the agency be required to disclose records in their native format as Excel spreadsheets. Collyer noted that 'DHS does not address this argument in its opposition to NIJC's motion and offers no explanation for why the records were not 'readily reproducible' in the native format. The Court will order DHS to re-produce the records included in the July 20, 2018 production in native format." Collyer also found that Originating Agency Identifier and Contributing Agency Identifier codes were not protected under Exemption 7(E) (investigative methods and techniques) since they were widely available on various internet sites. She pointed out that "DHS and ICE argue that disclosure might allow individuals to circumvent the law or access records, but the fact that the codes are publicly available on multiple websites, including those of federally-funded organizations, is 'contrary evidence' that refutes this concern. While withholdings under Exemption 7(E) must only meet a very low bar, the Court finds that release of the already publicly-available information under these FOIA requests might increase the risk of law violations or enable violators to escape detection."
Issues: Choice of format, Exemption 7(E) - Unknown to public
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-081COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4404977) filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to DHS, # 3 Summons to ICE, # 4 Summons to Attorney General, # 5 Summons to U.S. Attorney for the District of Columbia, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15)(Watkins, Seth) (Entered: 02/08/2016)
2016-02-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Watkins, Seth) (Entered: 02/08/2016)
2016-02-08Case Assigned to Judge Rosemary M. Collyer. (sth) (Entered: 02/08/2016)
2016-02-083SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth) (Entered: 02/08/2016)
2016-02-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2016. Answer due for ALL FEDERAL DEFENDANTS by 3/12/2016. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/11/2016. (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 2/10/2016 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-02-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 2/10/2016 (Attachments: # 1 Declaration of Seth A. Watkins)(Watkins, Seth) (Entered: 02/18/2016)
2016-03-098Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/09/2016)
2016-03-10MINUTE ORDER granting 8 Defendants' consent Motion for Extension of Time to File Answer. Answer due April 14, 2016. Signed by Judge Rosemary M. Collyer on 3/10/2016. (KD) (Entered: 03/10/2016)
2016-03-10Set/Reset Deadlines/Hearings: Answer to Complaint due by 4/14/2016. (zcdw) (Entered: 03/11/2016)
2016-04-149ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Peterson, Benton) (Entered: 04/14/2016)
2016-04-15MINUTE ORDER requiring the parties to file, no later than May 2, 2016 a joint proposed schedule for Defendants' motion for summary judgment, Plaintiff's opposition, and Defendants' reply. Signed by Judge Rosemary M. Collyer on 4/15/2016. (KD) (Entered: 04/15/2016)
2016-04-15Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 5/2/2016. (cdw) (Entered: 04/18/2016)
2016-05-0210PROPOSED BRIEFING SCHEDULE - Joint Proposed Production Schedule by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 05/02/2016)
2016-05-03MINUTE ORDER requiring Defendants to produce documents on a rolling basis, monthly starting July 1, 2016. The parties shall submit a joint status report on August 12, 2016. Signed by Judge Rosemary M. Collyer on 5/3/2016. (KD) Modified on 5/4/2016 (cdw). (Entered: 05/03/2016)
2016-05-03Set/Reset Deadlines/Hearings: Joint Status Report due by 8/12/2016. (cdw) (Entered: 05/04/2016)
2016-06-1411Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/14/2016)
2016-06-14MINUTE ORDER granting 11 consent Motion for Extension of Time; Defendants shall produce documents on a rolling basis, monthly starting July 8, 2016. Signed by Judge Rosemary M. Collyer on 6/14/2016. (KD) (Entered: 06/14/2016)
2016-08-0512Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/05/2016)
2016-08-08MINUTE ORDER granting 12 Defendants' Consent Motion for Enlargement of Time for Joint Status Report. The parties shall submit a joint status report no later than August 17, 2016. Signed by Judge Rosemary M. Collyer on 8/8/2016. (lcrmc2) (Entered: 08/08/2016)
2016-08-08Set/Reset Deadlines/Hearings: Joint Status Report due by 8/17/2016. (cdw) (Entered: 08/08/2016)
2016-08-1713Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 08/17/2016)
2016-10-0714Joint STATUS REPORT and Plaintiffs Request for Declarations and a Status Conference by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 10/07/2016)
2016-10-0715Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Giang T. Tonthat, :Firm- Adduci, Mastriani & Schaumberg LLP, :Address- 1133 Connecticut Avenue, NW, Washington DC 20036. Phone No. - 202-467-6300. Fax No. - 202-466-2006 Filing fee $ 100, receipt number 0090-4702861. Fee Status: Fee Paid. by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Declaration of Giang T. Tonthat, # 2 Text of Proposed Order)(Watkins, Seth) (Entered: 10/07/2016)
2016-10-11MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Mr. Tonthat is admitted to represent Plaintiff Heartland Alliance for Human Needs & Human Rights. Signed by Judge Rosemary M. Collyer on 10/11/2016. (DAS) (Entered: 10/11/2016)
2016-10-1416RESPONSE re 14 Status Report filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 10/14/2016)
2016-10-2117RESPONSE re 14 Status Report filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 10/21/2016)
2016-10-2618REPLY re 16 Response to Document, 17 Response to Document in Reply to Defendants' Responses filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) Modified event title on 10/27/2016 (znmw). (Entered: 10/26/2016)
2016-11-07Set/Reset Deadlines/Hearings: Telephone Conference set for 11/15/2016 at 2:00 PM before Judge Rosemary M. Collyer. (cdw) (Entered: 11/07/2016)
2016-11-0719STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Peterson, Benton) (Entered: 11/07/2016)
2016-11-15Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 11/15/2016. Telephone Conference set for 11/29/2016 at 12:30 PM in Courtroom 8 before Judge Rosemary M. Collyer. (Court Reporter CRYSTAL PILGRIM.) (mac) (Entered: 11/15/2016)
2016-11-29Minute Entry for proceedings held before Judge Rosemary M. Collyer: Telephone Conference held on 11/29/2016. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 11/29/2016)
2016-12-0120ORDER requiring Defendants to locate and produce all Secure Communities and Priority Enforcement Program statistical monitoring reports no later than January 12, 2017. Plaintiff shall submit a status report no later than January 26, 2017. Production of any other documents is suspended until February 23, 2017. Signed by Judge Rosemary M. Collyer on 12/1/2016. (DAS) (Entered: 12/01/2016)
2017-01-1121Consent MOTION for Leave to File an Amended Complaint by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit 1 to Amended Complaint, # 3 Exhibit 2 to Amended Complaint, # 4 Exhibit 3 to Amended Complaint, # 5 Exhibit 4 to Amended Complaint, # 6 Exhibit 5 to Amended Complaint, # 7 Exhibit 6 to Amended Complaint, # 8 Exhibit 7 to Amended Complaint, # 9 Exhibit 8 to Amended Complaint, # 10 Exhibit 9 to Amended Complaint, # 11 Exhibit 10 to Amended Complaint, # 12 Exhibit 11 to Amended Complaint, # 13 Exhibit 12 to Amended Complaint, # 14 Exhibit 13 to Amended Complaint, # 15 Exhibit 14 to Amended Complaint, # 16 Exhibit 15 to Amended Complaint, # 17 Exhibit 16 to Amended Complaint, # 18 Exhibit 17 to Amended Complaint, # 19 Exhibit 18 to Amended Complaint, # 20 Exhibit 19 to Amended Complaint, # 21 Exhibit 20 to Amended Complaint, # 22 Exhibit 21 to Amended Complaint, # 23 Exhibit 22 to Amended Complaint, # 24 Exhibit 23 to Amended Complaint, # 25 Text of Proposed Order)(Watkins, Seth) (Entered: 01/11/2017)
2017-01-11MINUTE ORDER granting 21 Motion for Leave to File First Amended Complaint. Signed by Judge Rosemary M. Collyer on 1/11/2017. (DAS) (Entered: 01/11/2017)
2017-01-1122AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(znmw) (Entered: 01/12/2017)
2017-01-2423Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/24/2017)
2017-01-25MINUTE ORDER granting 23 Motion for Extension of Time. Defendants shall answer or otherwise respond no later than February 10, 2017. Signed by Judge Rosemary M. Collyer on 1/25/2017. (DAS) (Entered: 01/25/2017)
2017-01-2524Unopposed MOTION for Extension of Time to File Status Report by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 01/25/2017)
2017-01-26MINUTE ORDER granting 24 Motion for Extension of Time. Plaintiff shall submit a status report no later than January 31, 2017. Signed by Judge Rosemary M. Collyer on 1/26/2017. (DAS) (Entered: 01/26/2017)
2017-01-26Set/Reset Deadlines/Hearings: Plaintiff's Status Report due by 1/31/2017. (cdw) (Entered: 01/27/2017)
2017-01-3125STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1)(Watkins, Seth) (Entered: 01/31/2017)
2017-02-01MINUTE ORDER setting briefing schedule for partial summary judgment. The Court treats Plaintiffs 25 Status Report as a motion for a briefing schedule and finds it consistent with the Courts previous statements in telephone conferences on November 15, 2016 and November 29, 2016. Defendants shall move for partial summary judgment no later than March 1, 2017. Plaintiffs opposition and cross motion shall be filed no later than March 29, 2017. Defendants opposition and reply shall be filed no later than April 19, 2017. Plaintiffs reply shall be filed no later than May 3, 2017. Signed by Judge Rosemary M. Collyer on 2/1/2017. (DAS) (Entered: 02/01/2017)
2017-02-01Set/Reset Deadlines/Hearings: Defendants' partial Summary Judgment motion due by 3/1/2017. Response to Motion for Summary Judgment due by 3/29/2017. Reply to Motion for Summary Judgment due by 4/19/2017. Plaintiff's Cross Motion due by 3/29/2017. Response to Cross Motion due by 4/19/2017. Reply to Cross Motion due by 5/3/2017. (cdw) (Entered: 02/01/2017)
2017-02-02MINUTE ORDER suspending review and production by Defendants of any other documents responsive to Plaintiff's FOIA requests at issue in this action until the Court issues an order on the partial motion for summary judgment. Signed by Judge Rosemary M. Collyer on 2/2/2017. (DAS) (Entered: 02/02/2017)
2017-02-1026ANSWER to 22 Amended Complaint,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 22 Amended Complaint,, filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS.(Peterson, Benton) (Entered: 02/10/2017)
2017-02-13NOTICE OF ERROR re 26 Answer to Amended Complaint; emailed to benton.peterson@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. No attorney signature/signature page; File signature page as an attachment to an Errata. (znmw, ) (Entered: 02/13/2017)
2017-02-1327NOTICE of Errata by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT re 26 Answer to Amended Complaint, (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 02/13/2017)
2017-02-2428Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/24/2017)
2017-02-27MINUTE ORDER granting 28 Motion for Extension of Time. Plaintiff shall file an updated status report no later than April 4, 2017. Defendants shall move for partial summary judgment no later than April 18, 2017. Plaintiff's opposition and cross motion shall be filed no later than May 2, 2017. Defendants' opposition and reply shall be filed no later than May 16, 2017. Plaintiff's reply shall be filed no later than May 31, 2017. As stated in the Court's February 2, 2017 Minute Order, review and production is otherwise suspended until an order on the partial motion for summary judgment. Signed by Judge Rosemary M. Collyer on 2/27/2017. (DAS) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines/Hearings: Plaintiff's Status Report due by 4/4/2017. Defendants' partial Summary Judgment motion due by 4/18/2017. Response to Motion for partial Summary Judgment due by 5/2/2017. Reply to Motion for partial Summary Judgment due by 5/16/2017. Plaintiff's Cross Motion due by 5/2/2017. Response to Cross Motion due by 5/16/2017. Reply to Cross Motion due by 5/31/2017. (cdw) (Entered: 02/27/2017)
2017-04-0429STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Errata 2, # 3 Exhibit 3, # 4 Exhibit 4)(Watkins, Seth) (Entered: 04/04/2017)
2017-04-1230Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/12/2017)
2017-04-13MINUTE ORDER granting 30 Motion for Extension of Time. Defendants shall move for partial summary judgment no later than April 28, 2017. Plaintiff's opposition and cross motion shall be filed no later than May 12, 2017. Defendants' opposition and reply shall be filed no later than May 30, 2017. Plaintiff's reply shall be filed no later than June 14, 2017. Signed by Judge Rosemary M. Collyer on 4/13/2017. (DAS) (Entered: 04/13/2017)
2017-04-13Set/Reset Deadlines/Hearings: Defendant's partial Summary Judgment motion due by 4/28/2017. Response to Motion for Summary Judgment due by 5/12/2017. Reply to Motion for Summary Judgment due by 5/30/2017. Plaintiff's Cross Motion due by 5/12/2017. Response to Cross Motion due by 5/30/2017. Reply to Cross Motions due by 6/17/2017. (cdw) (Entered: 04/13/2017)
2017-04-2831MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 04/28/2017)
2017-05-1232Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Declaration Declaration of Seth A. Watkins In Support of Plaintiffs Cross-Motion for Partial Summary Judgment, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Exhibit 6 to Declaration, # 8 Exhibit 7 to Declaration, # 9 Exhibit 8 to Declaration, # 10 Exhibit 9 to Declaration, # 11 Statement of Facts Not in Dispute, # 12 Statement of Facts Response to Defendant's Statement of Undisputed Material Facts, # 13 Text of Proposed Order)(Watkins, Seth) (Entered: 05/12/2017)
2017-05-1233Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (See Docket Entry 32 to view document). (znmw) (Entered: 05/15/2017)
2017-05-3034Memorandum in opposition to re 32 Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 05/30/2017)
2017-05-3035REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 05/30/2017)
2017-06-1436REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment and Memorandum in Opposition to DHS's Motion for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Watkins, Seth) (Entered: 06/14/2017)
2017-06-2037NOTICE OF WITHDRAWAL OF APPEARANCE as to HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. Attorney Giang T. Tonthat terminated. (Watkins, Seth) (Entered: 06/20/2017)
2017-06-2738NOTICE of Change of Address by Seth A. Watkins (Watkins, Seth) (Entered: 06/27/2017)
2017-09-1139NOTICE of Change of Address by Seth A. Watkins (Watkins, Seth) (Entered: 09/11/2017)
2018-01-3140MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 1/31/2018. (DAS) (Entered: 01/31/2018)
2018-01-3141ORDER denying 31 Defendants' Motion for Partial Summary Judgment and granting in part and denying in part 32 Plaintiff's Motion for Partial Summary Judgment. The parties shall meet and confer and submit a joint status report no later than February 21, 2018. See Order for details. Signed by Judge Rosemary M. Collyer on 1/31/2018. (DAS) (Entered: 01/31/2018)
2018-01-31Set/Reset Deadlines/Hearings: Joint Status Report due by 2/21/2018. (zcdw) (Entered: 01/31/2018)
2018-02-2042Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/20/2018)
2018-02-20MINUTE ORDER granting 42 Motion for Extension of Time to File Joint Status Report. The parties shall meet and confer and submit a joint status report no later than April 9, 2018. Signed by Judge Rosemary M. Collyer on 2/20/2018. (DAS) (Entered: 02/20/2018)
2018-02-20Set/Reset Deadlines/Hearings: Joint Status Report due by 4/9/2018. (zcdw) (Entered: 02/21/2018)
2018-02-20Set/Reset Deadlines/Hearings: Joint Status Report due by 4/9/2018. (zcdw) (Entered: 02/21/2018)
2018-04-0943Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 04/09/2018)
2018-04-13MINUTE ORDER requiring the parties to submit a joint status report no later than April 23, 2018. Signed by Judge Rosemary M. Collyer on 4/13/2018. (DAS) (Entered: 04/13/2018)
2018-04-13Set/Reset Deadlines/Hearings: Joint status report due by 4/23/2018. (zcdw) (Entered: 04/16/2018)
2018-04-2344Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/23/2018)
2018-04-24Set/Reset Hearings: Telephone Conference set for 4/26/2018 at 10:30 AM in Chambers before Judge Rosemary M. Collyer. (DAS) (Entered: 04/24/2018)
2018-04-26MINUTE ORDER requiring the parties to submit a joint status report no later than June 4, 2018. Signed by Judge Rosemary M. Collyer on 4/26/2018. (DAS) (Entered: 04/26/2018)
2018-04-26Set/Reset Deadlines/Hearings: Joint Status Report due by 6/4/2018. (zcdw) (Entered: 04/27/2018)
2018-06-0445Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 06/04/2018)
2018-06-05MINUTE ORDER requiring the parties to submit a joint status report no later than June 25, 2018. Signed by Judge Rosemary M. Collyer on 6/5/2018. (DAS) (Entered: 06/05/2018)
2018-06-05Set/Reset Deadlines/Hearings: Joint Status Report due by 6/25/2018. (zcdw) (Entered: 06/05/2018)
2018-06-2546Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 06/25/2018)
2018-06-26MINUTE ORDER requiring the parties to submit a joint status report no later than July 25, 2018. Signed by Judge Rosemary M. Collyer on 6/26/2018. (DAS) (Entered: 06/26/2018)
2018-06-26Set/Reset Deadlines/Hearings: Joint Status Report due by 7/25/2018. (zcdw) (Entered: 06/28/2018)
2018-07-2547Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Watkins, Seth) (Entered: 07/25/2018)
2018-08-0248ORDER. Defendants shall produce a Vaughn Index on or before August 16, 2018. Defendants' Renewed Motion for Partial Summary Judgment shall be filed no later than August 30, 2018. Plaintiff's Cross Motion and Opposition shall be filed no later than September 13, 2018. Defendants' Reply and Opposition shall be filed no later than September 27, 2018. Plaintiff's Reply shall be filed no later than October 4, 2018. See Order for details. Signed by Judge Rosemary M. Collyer on 8/2/2018. (DAS) (Entered: 08/02/2018)
2018-08-03Set/Reset Deadlines: Defendants To Produce Vaughn Index due by 8/16/2018. Defendants' Renewed Motion For Partial Summary Judgment due by 8/30/2018. Plaintiff's Cross Motion And Opposition due by 9/13/2018. Defendants' Reply And Opposition due by 9/27/2018. Plaintiff's Reply due by 10/4/2018. (mac) (Entered: 08/03/2018)
2018-08-1449Unopposed MOTION for Extension of Time to File partial dispositive motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/14/2018)
2018-08-15MINUTE ORDER granting 49 Motion for Extension of Time. Defendants' Renewed Motion for Partial Summary Judgment shall be filed no later than October 12, 2018. Plaintiff's Cross Motion and Opposition shall be filed no later than October 26, 2018. Defendants' Reply and Opposition shall be filed no later than November 9, 2018. Plaintiff's Reply shall be filed no later than November 16, 2018. Signed by Judge Rosemary M. Collyer on 8/15/2018. (DAS) (Entered: 08/15/2018)
2018-08-16Set/Reset Deadlines/Hearings: Defendants' Summary Judgment motion due by 10/12/2018. Response to Motion for Summary Judgment due by 10/26/2018. Reply to Motion for Summary Judgment due by 11/9/2018. Plaintiff's Cross Motion due by 10/26/2018. Response to Cross Motion due by 11/9/2018. Reply to Cross Motion due by 11/16/2018. (zcdw) (Entered: 08/16/2018)
2018-10-1250MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Declaration Pineiro, # 3 Declaration Holzer, # 4 Text of Proposed Order)(Peterson, Benton) (Entered: 10/12/2018)
2018-10-2351Consent MOTION for Extension of Time to Remaining Due Dates for Summary Judgment Briefing by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 10/23/2018)
2018-10-23MINUTE ORDER granting 51 Motion for Extension of Time. Plaintiff's cross-motion and opposition are due by October 29, 2018; Defendants' reply and opposition are due by November 14, 2018; Plaintiff's reply is due November 21, 2018. Signed by Judge Rosemary M. Collyer on 10/23/2018. (lcrmc3) (Entered: 10/23/2018)
2018-10-23Set/Reset Deadlines: Plaintiff's Cross-Motion And Opposition due by 10/29/2018. Defendants Reply And Opposition due by 11/14/2018. Plaintiff's Reply due by 11/21/2018. (mac) (Entered: 10/23/2018)
2018-10-2952Cross MOTION for Summary Judgment and Opposition to Defendants' Renewed Motion for Partial Summary Judgment by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS (Attachments: # 1 Declaration of Seth A. Watkins in Support of Renewed Cross-Motion for Summary Judgment, # 2 Exhibit A to Watkins Declaration, # 3 Exhibit B to Watkins Declaration, # 4 Exhibit C to Watkins Declaration, # 5 Memorandum in Support of Renewed Cross-Motion for Summary Judgment, # 6 Statement of Facts Not in Dispute, # 7 Statement of Facts Response to Defendants, # 8 Text of Proposed Order)(Watkins, Seth) (Entered: 10/29/2018)
2018-10-2953Memorandum in opposition to re 50 MOTION for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (See Docket Entry 52 to view document). (znmw) (Entered: 10/30/2018)
2018-11-0554Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/05/2018)
2018-11-06MINUTE ORDER granting 54 Motion for Extension of Time to File Response/Reply. Defendants' reply and opposition are due by December 3, 2018; Plaintiff's reply is due by December 10, 2018. Signed by Judge Rosemary M. Collyer on 11/6/2018. (DAS) (Entered: 11/06/2018)
2018-11-06Set/Reset Deadlines/Hearings: Defendants' reply to Motion for Summary Judgment due by 12/3/2018. Defendants' response to Cross Motion due by 12/3/2018. Plaintiff's reply to Cross Motions due by 12/10/2018. (zcdw) (Entered: 11/07/2018)
2018-11-2855Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/28/2018)
2018-11-29MINUTE ORDER granting 55 Motion for Extension of Time. Defendants' reply and opposition are due by December 10, 2018; Plaintiff's reply is due by December 17, 2018. Signed by Judge Rosemary M. Collyer on 11/29/2018. (DAS) (Entered: 11/29/2018)
2018-12-1056REPLY to opposition to motion re 50 MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Declaration, # 2 Declaration)(Peterson, Benton); Modified text and link on 12/19/2018 (tth). (Entered: 12/10/2018)
2018-12-1057Memorandum in opposition to re 52 Cross MOTION for Summary Judgment and Opposition to Defendants' Renewed Motion for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit)(Peterson, Benton) (Entered: 12/10/2018)
2018-12-1758REPLY to opposition to motion re 52 Cross MOTION for Summary Judgment and Opposition to Defendants' Renewed Motion for Partial Summary Judgment filed by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Declaration of Seth A. Watkins, # 2 Exhibit 1 to Watkins Declaration, # 3 Exhibit 2 to Watkins Declaration, # 4 Exhibit 3 to Watkins Declaration, # 5 Exhibit 4 to Watkins Declaration, # 6 Exhibit 5 to Watkins Declaration, # 7 Exhibit 6 to Watkins Declaration, # 8 Exhibit 7 to Watkins Declaration, # 9 Exhibit 8 (part 1 or 4) to Watkins Declaration, # 10 Exhibit 8 (part 2 of 4) to Watkins Declaration, # 11 Exhibit 8 (part 3 of 4) to Watkins Declaration, # 12 Exhibit 8 (part 4 of 4) to Watkins Declaration, # 13 Exhibit 9 to Watkins Declaration, # 14 Exhibit 10 to Watkins Declaration, # 15 Exhibit 11 (part 1 of 2) to Watkins Declaration, # 16 Exhibit 11 (part 2 of 2) to Watkins Declaration, # 17 Exhibit 12 to Watkins Declaration, # 18 Exhibit 13 to Watkins Declaration, # 19 Exhibit 14 to Watkins Declaration, # 20 Exhibit 15 to Watkins Declaration, # 21 Exhibit 16 to Watkins Declaration, # 22 Exhibit 17 to Watkins Declaration)(Watkins, Seth) (Entered: 12/17/2018)
2019-06-0659NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 06/06/2019)
2019-07-2960MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 7/29/2019. (DAS) (Entered: 07/29/2019)
2019-07-2961ORDER granting in part and denying in part 50 Defendants' Motion for Partial Summary Judgment and granting in part and denying in part 52 Plaintiff's Motion for Partial Summary Judgment. The parties shall submit a joint status report no later than August 12, 2019. See Order for details. Signed by Judge Rosemary M. Collyer on 7/29/2019. (DAS) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines/Hearings: Joint Status Report due by 8/12/2019. (zcdw) (Entered: 07/29/2019)
2019-08-1262Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hammond, Derek) (Entered: 08/12/2019)
2019-08-1363ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit)(Hammond, Derek) (Entered: 08/13/2019)
2019-08-13MINUTE ORDER requiring the parties to meet and confer and submit a joint status report no later than September 12, 2019. Signed by Judge Rosemary M. Collyer on 8/13/2019. (DAS) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Joint Status Report due by 9/12/2019 (mac) (Entered: 08/13/2019)
2019-09-1264Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER requiring the parties to meet and confer and submit a joint status report no later than October 14, 2019. Signed by Judge Rosemary M. Collyer on 9/13/2019. (DAS) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines/Hearings: Joint Status Report due by 10/14/2019. (zcdw) (Entered: 09/15/2019)
2019-10-1565Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 10/15/2019)
2019-10-2566Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 10/25/2019)
2019-10-25MINUTE ORDER requiring the parties to meet and confer and submit a joint status report no later than November 8, 2019. Signed by Judge Rosemary M. Collyer on 10/25/2019. (DAS) (Entered: 10/25/2019)
2019-10-28Set/Reset Deadlines: Joint Status Report due by 11/8/2019 (mac) (Entered: 10/28/2019)
2019-11-0867Joint STATUS REPORT by HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS. (Attachments: # 1 Text of Proposed Order)(Watkins, Seth) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER requiring the parties to submit a joint status report no later than January 15, 2020. Signed by Judge Rosemary M. Collyer on 11/12/2019. (DAS) (Entered: 11/12/2019)
2019-11-12Set/Reset Deadlines/Hearings: Joint Status Report due by 1/15/2020. (zcdw) (Entered: 11/13/2019)
2020-01-1568Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 01/15/2020)
2020-01-16MINUTE ORDER requiring the parties to meet and confer and submit a joint status report by January 24, 2020 if the parties havenot filed a Joint Stipulation of Settlement by that date. Signed by Judge Rosemary M. Collyer on 1/16/2020. (DAS) (Entered: 01/16/2020)
2020-01-2469STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hammond, Derek) (Entered: 01/24/2020)
2020-01-27MINUTE ORDER accepting 69 Stipulation of Dismissal. This case is closed. Signed by Judge Rosemary M. Collyer on 1/27/2020. (DAS) (Entered: 01/27/2020)
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